Canada: 2015 IN REVIEW – A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

Many important decisions and legislative changes occurred in
2015. Over the course of the year, CCP blogged these developments
– here is a recap of our "top 10" cases and most
significant changes along with links to the original blogs.
Enjoy!

Top Labour and Employment Cases of 2015

Wilson v Atomic Energy of Canada 2015
FCA 17: In January, the Federal Court of Appeal clarified that
federally-regulated employees may be dismissed on a without cause
basis under the Canada Labour Code. The Federal Court of
Appeal determined that s.240 of the Code should not be
interpreted in a way that an employer was required to prove just
cause or risk reinstatement of the terminated employee.
Read more here.

Patridge v Botony Dental Corp2015 ONSC 343: In January, Ontario adopted the
Federal Court's approach to determining claims of family
status. Ontario clarified that in order for a complainant to make
out a claim based on family status he or she would be required to
prove that the child is under the individual's supervision,
that the obligation at issue is a legal responsibility, that
reasonable alternatives have been pursued and that the workplace
rule interferes in a way that is more than trivial or
insubstantial.
Read more here.

Baroch v Canada Cartage2015
ONSC 40: In January, the Ontario Superior Court certified
another class action for overtime for $100 million. This class
action was for unpaid overtime under the Canada Labour
Code.This case served as a reminder for employers of
the potential costs of non-compliance with provincial or federal
overtime requirements.
Read more here.

Potter v New Brunswick (Legal Aid Services
Commission)2015 SCC 10:In March, the Supreme Court of Canada weighed in on a second
employment related issue when it ruled that an administrative
suspension constituted a constructive dismissal. The Court held
that when the employer placed the employee on suspension without
adequate reasons that constructive dismissal occurred. The Court
also established that the employer had the onus to demonstrate that
the suspension was reasonable and justified. Employers should keep
the Court's decision in mind when using an administrative
suspension.
Read more here.

Kielb v National Money Mart Company2015 ONSC 3790:In April, Susan Crawford,
successfully argued for the enforcement of termination provisions
in a wrongful dismissal lawsuit. The employer successfully relied
on the termination provisions and avoided paying out a bonus.
Despite the plaintiff being sophisticated, employers can still take
away the principle that clearly worded termination provisions can
successfully be relied on.
Read more here.

O.P.T. v Presteve Foods Ltd2015 HRTO 675:In May, the Ontario Human
Rights Tribunal made the highest general damages award in Canadian
Human Rights history. An order was made against the personal
respondent and the company to pay $150,000.00 as compensation for
injury to her dignity, feelings and self-respect. Human Rights
damages also made headlines in British Columbia in November when
British Columbia's Supreme Court overturned a damage award of
$75,000.00.
Read more here.

Calgary (City) v Canadian Union of Public Employees,
Local 38 2015 CanLII 43613:The impact of an employee's behavior, outside of work, on
their employment made news in 2015 as both the Jian Ghomeshi story
and the harassing remarks of a Hydro One engineer at an MLS game
compelled employers and employees alike to consider how off duty
conduct impacts the employment relationship. In June, we wrote
about how a Facebook post led an arbitrator to refuse to reinstate
an employee.
Read more here.

R v Vadim Kazenelson2015
ONSC 3639:The project manager of the incident in
December 2009 where four (4) workers fell to their deaths while
repairing balconies was found guilty in June, 2015. Recently, the
sentence for Mr. Kazenelson was announced as 3.5 years of jail
time.
Read more here.

Steel v Coast Savings Credit Union2015 BCCA 127: In September, the Supreme Court
denied leave to appeal from a decision where the British Columbia
Court of Appeal upheld a just cause termination for a single
incident that breached the trust fundamental to employment.
Read more here.

Legislative Changes

Accessibility for Ontarians with Disabilities Act
(AODA):AlthoughAODAhas been in force since 2005, 2015 was a year
of preparation for upcoming compliance deadlines for many
employers.
Read more here.

Employment Standards
Act:As of February 20, 2015
there is no longer a cap on unpaid wages that can be ordered by an
officer.Self-auditing requirements came into force on May 20, 2015.
Additionally, as of November 20, 2015 clients of temporary help
agencies are deemed to be employers of assignment
employees.
Read more here.

Employees Voting Rights
Act: The Actcame
into force on June 16, 2015. With respect to certification of
federally regulated employers, the option of card based
certification was removed and replaced with a right to a
secret-ballot vote. TheActalso introduced a
lower threshold, 40%, that needs to be obtained for a
representation vote in the decertification process. Additionally,
decertification is now possible even if no collective agreement is
in place.
Read more here.

Labour Relations
Act:Changes to the
construction industry provisions came into effect on May 20, 2015.
The open period was shortened to two months and a separate two
month period was made available to employees to apply to the Board
for a declaration that a trade union no longer represents them as
bargaining agent.
Read more here.

Occupational Health and Safety Act:On April 1, 2015 the new Working at Heights Training Standard
came into effect. New training was set out under the standard as
well as deadlines for compliance.
Read more here.

Ontario Retirement Pension Plan Act,
2015:The Ontario Government continued to move
forward with its plan to implement the ORPP in 2015. The Government
passed legislation indicating that the government will establish
the ORPP by January 1, 2017.
Read more here.

Proposed New WSIB Premium Wage Rate Framework:Although no legislative changes have yet been implemented
consultation occurred in 2015 regarding a proposed reform of the
employer classification and experience rating systems.
Read more here.

Sexual Violence and Harassment Action Plan Act,
2015:Ontario took legislative
steps this year to crackdown on sexual violence and harassment in
the workplace.If this Bill successfully passes the legislative
process it will amend theOccupational Health and Safety
Act.
Read more here.

Violence Prevention for Health Care Workers:
Although there are no legislative changes yet, 2015 prompted
discussion by the Ontario government and key stakeholders on how
best to address workplace violence and harassment for health care
workers.
Read more here.

Bill 12, Protecting Employees' Tips Act,
2015: The Ontario government passed legislation in
December which made it illegal for employers to withhold tips from
workers. This new legislation allows the Ministry of Labour to
collect tips as if they were unpaid wages under the Employment
Standards Act. This legislation will come into force in June
2016.
Read more here.

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